American Midstream (AlaTenn), LLC

Fifth Revised Volume No. 1

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Effective Date: 05/01/2010, Docket: RP10-493-000, Status: Effective

Original Sheet No. 156 Original Sheet No. 156

 

GENERAL TERMS AND CONDITIONS (continued)

 

6.2 Remedies for non-payment: Should Shipper fail to pay all of the amount of

any invoice as

herein

provided when such amount is due, interest on the unpaid portion of the invoice

shall accrue

from the

due date until the date of payment at the interest rate calculated according to

Section 154.501(d)

of the

FERC's regulations. If such failure to pay continues for thirty (30) Days after

payment is due

and

Transporter has provided Shipper and the Federal Energy Regulatory

Commission with at least

fifteen

(15) Days notice that service will terminate due to the non-payment, Transporter

in addition to

any other

remedy it may have under the executed Services Contract may suspend further

delivery of gas

until

such amount is paid. Provided, however, that if Shipper in good faith shall dispute

the amount of

any

such invoice or part thereof (and provides Transporter written documentation as

to the basis for

the

dispute) and shall pay to Transporter such amounts as it concedes to be correct

and at any time

thereafter within thirty (30) Days of a demand made by Transporter shall furnish

good and

sufficient

surety bond, guaranteeing payment to Transporter of the amount ultimately found

due upon such

invoices after a final determination which may be reached either by agreement or

judgment of

the

courts, as may be the case, then Transporter shall not be entitled to seek or

suspend further

delivery of

gas unless and until default be made in the conditions of such bond.

 

6.3 Adjustment of underpayment, overpayment or error in invoicing: If it shall be

found that

Shipper

has been overcharged or undercharged in any form whatsoever under the

provisions of the

executed

Service Contract, and Shipper shall have actually paid the invoices containing

such overcharge

or

undercharge, then within thirty (30) Days after the final determination thereof,

Transporter shall

refund

the amount of any such overcharge with interest thereon from the time such

overcharge was

paid to the

date of refund the interest rate calculated according to Section 154.501(d) of

FERC's regulations

and

Shipper shall pay the amount of any such undercharge, but without interest.